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Tag Archives: FPR
Being blunt about Bayh-Dole operations, 2
Under Bayh-Dole, a federal contractor has no special right, and no obligation, to take ownership of inventions arising in federally supported research or development. There is nothing, absolutely nothing, in Bayh-Dole that suggests that Congress had any intention to make … Continue reading
Posted in Bayh-Dole, History
Tagged (f)(2), Bayh-Dole, FPR, IPA, reasonable interpretation, written agreement
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Bayh-Dole Adds Bureaucracy, 2: Complications of Ownership Positions
So far, this should all be easy and clear. Heh. The Nixon patent policy states the general federal policy for inventions made with federal support. A set of specialty statutes supersede the Nixon patent policy for specific contracting purposes. Bayh-Dole … Continue reading
The FPR criteria for invention ownership–2
We are talking the proposed goals for federal policy on the disposition of inventions made in projects worthy of federal support, circa 1973, by way of a Department of Commerce committee report. The report recommended as goals for deciding ownership … Continue reading
Unhelpful NIAID guidance on Bayh-Dole, 2
We are working through another unhelpful NIAID document on Bayh-Dole. With such ubiquitous misinformation put out as authoritative, it is no wonder that Bayh-Dole has become an excuse for what amounts to ad hoc law, created by wonderful agreement between … Continue reading
Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 3
A careful read of Bayh-Dole and its omission of the patent agreement requirement argues not only did Bayh-Dole reverse the “presumption” of federal ownership of inventions made under contract but also repudiated the federal requirement that contractors own inventions so … Continue reading
Posted in Bayh-Dole, Bozonet
Tagged (f)(2), 37 CFR 401.9, Bayh-Dole, FPR, SPRC, work of clowns
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Bayh-Dole’s “subject invention” botch of the Federal Procurement Regulations, 2
We are looking at how Bayh-Dole botches invention ownership. Where the Federal Procurement Regulations implemented in 1975 were clear, Bayh-Dole in 1980 is muddy. The FPR approach is simple: contractors must have patent agreements that ensure that contractors will be … Continue reading